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2008 (7) TMI 910

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..... nt year 1998-99. In the memo of revision, although four questions of law have been framed by the learned counsel for the applicant but during the course of argument, he submits that question No. 1 which is reproduced below is the main question involved in the revision. Whether, on the facts and circumstances of the case, the order passed by assessing officer dated December 23, 2004 is barre .....

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..... t order is required to be framed within a period of six month from the date of receipt of the order by the assessing authority. The submission was that since the fresh assessment order has not been passed within the period of six months, the said assessment order is barred by time. The first appellate authority remanded the matter back to the assessing authority to consider the said plea on the ba .....

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..... d by time. It is difficult to agree with the aforesaid submission. Section 21(5) read as follows: If an order of assessment or reassessment for any assessment year is set aside under section 30, a fresh order of assessment or re-assessment for that year may be made within six months from the date on which such earlier order was set aside. The date on which the copy of the order of the .....

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